Main Reviewer P2

7/25/2019 Main Reviewer P2

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TOPICS QUESTION ANSWER

Zoningthe Housing and Land Use Regulatory Board (HLURB) is

mandated to promulgate planning and zoning standards and guidelines:

HLURB (similar with Subdivision &

Condominium)

Zoning Reclassification shall be done by the Sanggunian provided that it shall be

FIXED PERCENTAGE OF TOTAL

AGRICULTURAL LAND USE AT TIME OF

PASSAGE OF ORDINANCE

Zoning

A) A CITY OR MUNICIPALITY MAY, THROUGH AN ORDINANCE PASSED BY THE

SANGGUNIAN AFTER CONDUCTING PUBLIC HEARINGS FOR THE PURPOSE,

AUTHORIZE THE RECLASSIFICATION OF AGRICULTURAL LANDSAND PROVIDE FORTHE MANNER OF THEIR UTILIZATION OR DISPOSITIONIN THE FOLLOWING CASES:

(1) WHEN THE LAND CEASES TO BE ECONOMICALLY FEASIBLE AND SOUND FOR

AGRICULTURAL PURPOSES AS DETERMINED BY THE DEPARTMENT OF AGRICULTURE

OR

(2) WHERE THE LAND SHALL HAVE SUBSTANTIALLY GREATER ECONOMIC VALUE FOR

RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES, AS DETERMINED BY THE

SANGGUNIAN CONCERNED:

PROVIDED, THAT SUCH RECLASSIFICATION SHALL BE LIMITED TO THE FOLLOWING

PERCENTAGE OF THE TOTAL AGRICULTURAL LAND AREA AT THE TIME OF THE

PASSAGE OF THE ORDINANCE

RECLASSIFICATION OF AGRICULTURAL

LANDS

Zoning(1) FOR HIGHY URBANIZED AND INDEPENDENT COMPONENT CITIES, FIFTEEN

PERCENT (15%);15%

Zoning (2) FOR COMPONENT CITIES AND FIRST TO THIRD CLASS MUNICIPALITIES, TENPERCENT (10%); AND

10%

Zoning (3) FOR FOURTH TO SIXTH CLASS MUNICIPALITIES,FIVE PERCENT (5%): 5%

Zoning- Uses or land activities capable ofexisting together harmoniouslye.g. residential use and

parks and playground.Compatible Use

Zoning- uses or land activities with contrasting characteristicssited adjacent to each other

e.g.residential units adjacent to industrial plants.Conflicting Use

Zoning- a use which is inACCORDANCE wi th t he zone classi fi cati on as provided for in the

Ordinance.Conforming Use

Zoning

- existing non-conforming uses/establishments in an area allowedto operate inspite of

the non-conformity to the provisions of the Ordinance subject to the conditions stipulated in

this Zoning Ordinance.

Non-Conforming Use

Zoningcertificate issued TO OWNERS OF all uses existing prior to the approval of the Zoning

Ordinance which do not conform in a zoneas per provision of the said Ordinance.Certificate of Non-Conformance

Zoning a means to grant relief in complyingwith certain provisions of the Ordinance. Mitigating Device

Zoning open space imposed on any l and use/activitiessited along waterways, road-right-of-ways, cemeteries/memorial parks and ut ilities

Easement

Zoning __ is the open space left between the building and lot lines Setback

Zoning

a device which grants a property owner relief from certain provisions of a Zoning

Ordinance where because of the specific use would result in a particular hardship upon the

owner, as distinguished from a mere inconvenienceor a desire to make more money.

Exception

Zoning__ an area WITHIN A CITY OR MUNICIPALITY INTENDED for cultivation/fishing and

pastoral activities e.g. fish, farming, cultivation of cr ops, goaUcattle raising,etc.Agricultural Zone (AGZ)

Zoning

__ an area WITHIN A CITY CITY OR MUNICIPALITY INTENDED primarily for integrated farm

operations and related product processing activities such as plantation for bananas,

pineapple, sugaretc.

Agro-Industrial Zone (AIZ)

Subdivision Zoningdevoted to agricultrual purposes or the raising of domestic animals for sale or personal use and

consumptionFarm

Zoning __ an area within a city or municpi ality intended primarily for forest purposes. Forest Zone (FZ)

Zoning

__ ARE SITES WITHIN CITIES AND MUNICIPALITIES ENDOWED WITH NATURAL OR

MANMADE PHYSICAL ATTRIBUTES AND RESOURCESTHAT ARE CONDUCIVE TO

RECREATION, LEISURE AND OTHER WHOLESOME ACTIVITIES

Tourist Zone (TZ)

Subdivision Zoningdevoted to agricultrual purposes or the raising of domestic animalsfor sale or personal use

and consumptionFarm

Subdivision Zoninga place that is frequently and customrily used for assembly and entertainment purposes or

where a person or his family friends usualy go for adventure and relaxationResort

Zoning__ are bodies of water WITHIN CITIES AND MUNICIPALITIESwhich include rivers,

streams, lakes and seas except those included in other zone classification.Water Zone (WZ)

Zoning__ an area designed for diversion/amusements and f or the maintenance of ecological

balance of the community.Parks and Recreation Zone (PRZ)

Subdivision Zoningthat portion of the subdivisionwhich is generally not built on and intended for passive or

active recreationParks/Playground

Zoning

__ an area within a city or municipality principally for

general types of institutional establishments e.g. government offices, schools,

hospital/clinics, academic/research, convention centers.

General Institutional Zone (GIZ)

Zoning

__ an area WITHIN A CITY OR MUNICIPALITY principally for particular types of

institutional establishments e.g. welfare homes, orphanages, home for the aged,

rehabilitation and training centers, militarycamps /reservation/bases/training grounds, etc

Special Insititutional Zone (SIZ)

Zoning

Light Industrial Zone (I-1) - a subdivision of an area principally for the following types of

industries:

a. non-pollutive/non-hazardous

b. non-pollutive/hazardous

LightIndustrial Zone (I-1)


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Zoning

Medium IndustrialZone (1-2) -an area within a city or municipality principally for the following

types of industries:

a. pollutive/non-hazardous

b. Pollutivelhazardous

Medium Industrial Zone (I-2)

Zoning

Heavy Industrial Zone (I 3) - a subdivision of an area principally for the following types of

industries:

a. highly pollutive/non-hazardous

b. highly pollutive/hazardous

c. highly pollutive/extremely hazardous

d. pollutive/extremely hazardouse. non-pollutive/extremely hazardous

either with highl y or extremely

HeavyIndustrial Zone (I-3)

Zoning

Low Density Commercial Zone (C-1) an area WITHIN A CITY OR MUNICIPALITY

principally for trade, servics and business activiti esordinarily referred to as the Central

Business District.

Low Density Commercial Zone (C-1)

Zoning

Medium Density Commercial Zone (C-2) - an area WITHIN A CITY OR MUNICIPALITY with

quasi-trade business activiti es and service industries performing

complementary/supplementary functions to principally commercial zone (CBD).

Medium Density Commercial Zone (C-2)

Zoning

HIGH DENSITY COMMERCIAL ZONE (C 3) - AN AREA WITHIN A CITY OR MUNICIPALITY

INTENDED FOR REGIONAL SHOPPING CENTERSSUCH AS LARGE MALLS AND OTHER

COMMERCIAL ACTIVITIES WHICH ARE REGIONAL IN SCOPE OR WHERE MARKET

ACTIVITIES GENERATE TRAFFIC AND REQUIRE UTILITIES AND SERVICES THAT

EXTEND BEYOND LOCAL BOUNDARIES AND REQUIRES METROPOLITAN LEVEL

DEVELOPMENT PLANNING AND IMPLEMENTATION. HIGH RISE HOTELS, SPORTS

STADIUM OR SPORTS COMPLEXES ARE ALSO ALLOWABLE IN THIS ZONE.

High Density Commercial Zone (C-3)

Zoning__ an area within a city or municipality for trading/services/business purposes. (not

principally)General Commercial Zone (GCZ)

Zoning__ shall refer to areas designatedprincipally for trade, services and business purposes

(Commercial 1 Zone).Central Business District (Commercial 1 Zone)

Zoning

Low Density Residential Zone (R-1) an area WITHIN A CITY OR MUNICIPALITY

principally for dwelling/housing purposes with a density of 20 dwelling units and below per

hectare

Low Density Residential Zone (R-1)

Zoning

Medium Density Residential Zone (R-2) - an area WlTHIN A CITY OR

MUNICIPALITY principally for dwelling/housing purposes with a density of 21 to 65

dwelling unit s per hectare.

Medium Density Residential Zone (R-2)

ZoningHigh Density Residential Zone (R-3) - a subdivision of an area principally for

dwelling/housing purposes with a density of 66 or more dwelling units per hectareHigh Density Residential Zone (R-3)

Zoning General Residential Zone (GRZ)- an area within a city or municipality principally fordwelling/housing purposes. (there is the word princi pally and not dwelling density)

General Residential Zone (GRZ)

Zoning__ SHALL BE USED PRINCIPALLY FOR SOCiALIZED HOUSING/DWELLING PURPOSES

FOR THE UNDERPRIVILEGED AND HOMELESS AS DEFINED IN RA 7279.Socialized Housing Zone (SHZ)

Zoning__ a duly authenticated map delineating the different zones into which the urban area and

its expansion area are divided.Urban Zoning Map

Zoning__ a duly authenticated map delineating the different zone in which the whole

city/municipality is divided.General Zoning Map

Zoning __ area outside of designated urban area. Rural Area

Zoning__ area designated as suitable for urban expansion by virtue of land use studies conducted.

(it is an area but the answerUrbanizable Land

Zoning

__ INCLUDE ALL BARANGAY(S) OR PORTION(S) OF WHICH COMPRISING THE

POBLACION, CENTRAL BUSINESS DISTRICT (CBD] AND OTHER BUlLT UP AREAS

INCLUDING THE URBANIZABLE LAND IN AND ADJACENT TO SAID AREAS AND WHERATLEAST MORE THAN FIFTY (50%)OF THE POPULATION ARE ENGAGED IN NON-

AGRICULTURAL ACTIVITIES.

CBDSHALL REFER TO THE AREAS DESIGNATED PRINCIPALLY FOR TRADE, SERVICES

AND BUSINESS PURPOSES

Urban Areas

Zoning

__ CITIES WITH A MINIMUM POPULATION OF

200,000 INHABITANTSAS CERTIFIED BY THE NATIONAL STATISTICS OFFICE AND WITH

THE LATEST ANNUAL INCOME OF AT LEAST P5O,OOO,OOO BASED ON 1996

CONSTANT PRICES AS CERTIFIED BY THE CITY TREASURER. (RA 7160)

Highly Urbanized Cities

Zoning

__ ARE THOSE COMPONENT CITI S WHOSE CHARTER PROHIBITS THEIR VOTING

FOR PROVINCIAL ELECTIVE OFFICIALS. INDEPENDENT COMPONENT CITIES SHALL

BE INDEPENDENT OF THE PROVINCE. (RA 7160)

Independent Component Cities

Zoning

__ CITIES WHICHDO NOT MEET THE REQUIREMENTS FOR HIGHLY URBANIZED

CITIESSHALL BE CONSIDERED COMPONENT CITIES OF THE PROVINCE IN WHICH

THEY ARE LOCATED.

IF A COMPONENT CITY IS LOCATED WITHIN THE BOUNDARIES OF TWO OR MORE

PROVINCES SUCH CITY SHALL BE CONSIDERED COMPONENT OF THE

PROVINCE OF WHICH IT USED TO BE A MUNICIPALITY . (RA 7160

Component Cities/Municipalities

Zoning

__ shall refer to a town deliberately planned and buil twhich provides, in addition to houses,

employment, shopping, education, recreation, culture and other services normally associated

with a city or town.

New Town

Zoning

__ these are YARDS, PARKS OR o pen sp aces INTENDED to separate incompatible

elements or-uses to control pollution/nuisance and for identifying and defining

development areas or zones where NO PERMANENT STRUCTURES ARE ALLOWED.

Buffer Area

Zoning __ a contiguous grouping of ten (10) or more structures . Built-up Area


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Zoning__ refers to a storage and/or depository of those in business of performing warehouse

services for others, for profit.Warehouse

Zoning__ a clearance issued to a projectthat is allowed under the provisions of this Zoning

Ordinanceas well as other standards, rules and regulations on land use.Locational Clearance

Zoning

__ a SPECIAL LOCATIONAL CLEARANCEwhich grants a property owner relief from

certain provisions of Zoning Ordinance where, because of the particular, physical

surrounding, shape or topographical conditions of the property, compliance on height, area,

setback, bulk and/or density would result in a particular hardship upon the owner, as

distinguished from a mere inconvenience or a desire to make more-money.

Variance

Zoning a means to grant relief in complyingwith certain provisions of the Ordinance. Mitigating Device

Zoning

a device which grants a property owner relief from certain provisions of a Zoning

Ordinance where because of the specific use would result in a particular hardship upon the

owner, as distinguished from a mere inconvenienceor a desire to make more money.

Exception

Zoning__ introduction and/or application of new/creative designs and techniques in development

projects e.g. PLANNED UNIT DEVELOPMENT (PUD), Newtown,etc.Innovative Design

Zoning

__ it is a land development scheme wherein project site is comprehensively plannedas

an entity via unitary site planwhich permits flexibility in planning/design, buildingsiting,

complementarity of building types and land uses, usable open spaces and the preservation of

significant natural land features.

Planned Unit Development (PUD)

Zoning

Comprehensive Land Use Plan [CLUP] - a documentembodying specific proposalsfor

guiding, regulating growth and/or development. The main components of the

Comprehensive Land Use Plan in this usage are the sectoral studies i.e.

Demography,

Socio-Economic,Infrastructure and Utilities,

Local Administration and

Land Use.

Comprehensive Land Use Plan (CLUP)

Zoningan area within a city or muni cipality for specific l and useas defined by manmade or

natural boundariesZone/District

Zoning__ a municipal/city/government employee responsible for thei mplementation/enforcement of

the Zoning Ordinance in a community.Zoning Administrator / Zoning Officer

Zoning __ a local legal measurewhich embodies regulations affecting land use. Zoning Ordinance

Zoning

REZONING - A PROCESS OF INTRODUCING AMENDMENTS TO OR A CHANGE IN

THE TEXT AND MAPS OF THE ZONING ORDINANCE. IT ALSO INCLUDES

AMENDMENT OR CHANGEIN VIEW OF RECLASSIFICATION UNDER SECTION 20 OF

RA 7160.

Rezoning

correct ZoningDivision of community into function zones based on present and potential use of properties to

regulate use and growth of properties per comprehensive planZoning

Zoning

municipal or country regulation of land use within designated districts or zones. It is an

application of a states police power to regulate private activity by enacting laws that benefit thepublic health, safety, and general welfare. It may affect use of land, lot sizes, type of structure

permitted, building heights, setbacks, and density

Zoning

correct Zoningis concerned primarily with the use of land and the control of density of populationthrough

imposition of building heights, bulk, open space and density provisions in a given area.Zoning

correct Zoning It is the guide to the proper location of activities in space Zoning

correct Zoningit is primarily concerned with the use of the land and control of density of population through

imposition of building heights, open space, and density provisions in a given areaZoning

correct ZoningRegulation of the character and use of property by a municipality or other government entity

through the exercise of its police powerZoning Ordinance (ZO)

correct ZoningThe exercise of police power by the municipality or city in regulating and controlling the

character and use of property.Zoning Ordinance (ZO)

Zoning a local legal mesurewhich embodies regulations affecting land use Zoning Ordinance (ZO)

correct ZoningIt is the translation of a land use plan into legally-enforceable documentscomplete with penal

provision and adopted by the Sangguniang Bayan/PanglunsodZoning Ordinance (ZO)

correct Zoning

It is an application of the the state's police power to regulate private activity by enacting laws

that benefit the publ ic health safety and general welfare. It may affectuse of land lot

sizes type of structure permitted building heights setbacks and d

Zoning Ordinance (ZO)

correct Zoning A translation of the land use plan with penal provision Zoning Ordinance (ZO)

correct Zoning23._ the EXERCISE OF POLICE POWERby the MUNICIPALITY or CITY in regulating and

controlling the character and use of propertyZoning Ordinance (ZO)

correct Zoning Complete narrative description of the CLUP Zoning Ordinance (ZO)

correct ZoningThe same law (RA 7160 - Local Government Code of 1991) provided that these development

limits and restraints will be embodied in __Zoning Ordinance (ZO)

Zoning_ refers to the act of allocating lands to different activitiesor class of land usesevolved

and enacted through thetown pl anning and zoning processLAND USE CLASSIFICATION

Zoning

1) Regulations showing how each zone will be used

2) What land use activit ies are allowed wihtout any conditions.

3) Type of development that could take place after certain conditions are complied with

4) What activi tes are not allowed

Contents of Zoning Ordinance

Zoning

__ indicates the different land usessuch as residential, commercial, industrial and others.

These are implemented upon approval by the local government after which it becomes legally

binding.

Zoning Map


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Zoning__ forms part of the zoning ordinace. It shows the grapical designations, location and

boundaries of the different zones or districts into which the community is dividedZoning Map

ZoningA graphic presentation of the zone classifications, location, boundaries of the districts/zones

duly established in the zoning ordinanceZoning Map

ZoningIt is a visual representation of the planand shows how land or the structures on the land

are used over a particular period of timeLand Use Map

ZoningUrban Zoning Map- a duly authenticated map delineating the different zones into which the

urban area and its expansion area are divided.Urban Zoning Map

ZoningGeneral Zoning Map - a duly authenticated map delineating the different zone in which the

whole city/municipality is divided.General Zoning Map

Zoning The basis of Zoning Ordinance is a ___ Comprehensive Land Use Plan (CLUP)

ZoningRefers to a document embodying specific proposals for guiding, regulating growth, and

development of a city or municipalityComprehensive Land Use Plan (CLUP)

Zoning__ is the instrument specified in t he LGCas the means to identify the community's needs,

and translate them inot achievable policies and plans, programs, and projects (PPP)CLUP - Comprehensive Land Use Plan

ZoningIt refers to a document embodying specific proposals for guiding, regulating growth and

development of a city or municipalityCLUP - Comprehensive Land Use Plan

ZoningIs a concept that deals mainly with how people socially construct and make use of land

resourcesLand Use

Zoning A proposal which forms part of comprehensive development plan Land Use Plan

ZoningIts the rational and deliberate allocation of land resources to different useson the

comprehensive and integrated plan for the areaLand Use Plan

Zoning__ designates certain areasof a city or municipality into existing trends and patterns of

growth.Land Use Plan

Zoning

The rationale approach of allocating available land resourcesas equitably as possible

amongcompeting user groupsand for different functions consistent with the developmentplan of the area and the program under this act

Land Use Plan

ZoningIndicates what particular usage is allowed on a particular area. Ex for residential (R-1) -

growing for commercial purposes is prohibited.Land Use Plan

Zoning

Aproposal for the future use of land based on sound planning principles and form part of the

official document known as the Comprehensive Development Plan or a proposal which forms

part of the comprehensive development plan

Land Use Plan

ZoningIt is a document that outlines the preferred future spatial arrangement of land uses,with a

set of proposed actions to turn the plan a reality.Land Use Plan

Zoning_ refers to the act of allocating lands to different activitiesor class of land usesevolved

and enacted through thetown pl anning and zoning processLAND USE CLASSIFICATION

ZoningIt refers to the rational and judicious approach of allocating available land resourcesto

different land using activities

Land Use Planning

ZoningA public document adopted by the LGU as a guide to the physical and socio-economic

development of their com munityTown Plan

Zoning

The extent of comprehensiveness and the focus of land use planning process as well as the

preparation of the CLUP document are defined with the bounds of __ by this provision of UDHA

which must be consistent with the development plan of the area.

Land Resources

Zoning

Thus, the __ and the __ shall guide and determine the development direction of the local

government unit which among others will be the basis for regulation of subdivision and housing

development, industrial location, and reclassification of agricultural lan to urban uses (i.e.,

residential, commercial, industrial, institutional)

CLUP and ZO

Zoning

A written authorization or permit to develop or use or construct in certain areas or any parcel

of land based on approved plan use or zoning ordinance in the absence of a zoning

ordinance the grant of permit shall be based on HLURB planning standards and guidelines

Locational Clearance

Zoning. Locational Clearance - a c!earance issued to a project that is allowed under the provisions

of this Zoning Ordinance as well as other standards, rules and regulations on land use.Locational Clearance

ZoningA once-lawful property use that is permitted to continue after a zoning ordinance prohibiting ithas been established for the area a use that differs sharply from the prevailing uses in a

neighborhood.

Non-conforming structure or use

Zoning

Existing Non-Conforming Uses:

- implement within 6 monthsfrom ratification of the ZO by the HLURB

May be allowed to exist but:

- shall not be allowed or revived as non conforming use once ceased to operate for more than

a year

- in case damaged, may be allowed to repair but 50% only of its replacement cost; repair or

replacement will not be allowed except in conformity with the ZO

Owner of non-confirming use shall phase out and relocate within 10 years from effectivity of

the Zoning Ordinance

Notes on Non-Conforming structure/use

ZoningA public document adopted by the LGU as a guide to the physical and socio-economic

development of their com munityTown Plan

ZoningA city or municipality through an ordinance passed by the_ after conducting public hearings

may reclassify lands.Sanggunian

ZoningA city or municipality through an ordinance passed by the Sanggunian after_ may reclassify

lands.Conducting Public Hearings

ZoningA city or municipality through an ordinance passed by the Sanggunian after conducting public

hearings may_ lands.Reclassify

Zoning Who prepares the zoning ordinace/regulation?

City/Municipal Planning Development Coordinator

Technical Support Services

in consultation with the provincial govt, regional

and national planners & agencies

ZoningWho enacts Zoning Regulations?

The functions of enacting zoning belongs to the local legislative councilsSangguniang Bayan / Sangguniang Panlungsod

Zoning Who implements the Zoning Ordinance Zoning Officer

Zoning Zoning is an exercise of the _ power of the State Police


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Zoning Reclassification shall be done by the Sanggunian provided that it shall be_

FIXED PERCENTAGE OF TOTAL

AGRICULTURAL LAND USE AT TIME OF

PASSAGE OF ORDINANCE.

ZoningThe _ upon the recommendation of NEDA may authorize a city / municipality to reclassify lands

in excess of set limitsPRESIDENT

Zoning

Refers to the LGU in conformity with the existing laws shall continue to prepare their respective

comprehensive land use plans enacted through zoning ordinances.

RA 7160 is the Local Government Code of 1991

SEC 20 RA 7160

Zoning The functions of enacting zoning regulations belong to the local legislative councils such as: Sangguniang Bayan / Sangguniang Panlungsod

Zoning__ is the instrument specified in the LGC as the means to identify the community's needs,

and translate them inot achievable policies and plans, programs, and projects (PPP)CLUP - Comprehensive Land Use Plan

Zoning

__ plays the important role of communicty watchdog,and is responsible for safeguarding

local amentiy and community st andardsthrough the application and enforcement of LGU's

rules, regulations, and guidelines

CPDO (City Planning & Development Office) /

MPDO (Municipal Planning & Development

Office)

Zoning

Police Power: Article XIII, Section 1 (1987 Consitution).. The congress shall give the highest

priority to the enactment of measures that protect and enahce the right of all the people to

human dignity, reduce social, economic, and political inequalities, and remove cultural

inequities by __ and __ for the common good.

equitably diffusing wealth and political power

Zoning

Section 458 of RA No 7160 (Local Government Code of 1991) gave the local government units

(LGUs) the authority and likewise mandated them to prescribe __ and __ on the use of __

within their __.

reasonable limits and restraints on the use of

property within their territorial jurisdiction.

Zoning

Section 16 of RA No 7160 (Local Government Code of 1991) Every LGU shall exercise the

powers expreslly granted, those necessarily implied therefrom, as well as powers necessary,

appropriate or incidental for its efficient and effective governance, and those which are

essential for the promotion of the general welfare.

Zoning

Law enacted providing for the preparation & implementation of the comprehensive land use

plans of local government units pursuant to the local government code of 1991 & other

pertinent law

EXECUTIVE ORDER NO.72

ZoningEO 72 devolvement of approval of CLUP to________.

LGU

ZoningEstablishes priorities and procedures in evaluating areas forland conversion in r egional

agricultural industri al centers, tourism development, areas sites for socialized housing.EXECUTIVE ORDER NO. 124

ZoningRefers to the LGU in conformity with existing laws, shall continue to prepare their respective

comprehensive land use plans enacted through zoning ordinancesSEC 20 RA 7160

ZoningPrescribes the guidelines of sec 20, RA 7160, authorizing citie / municipalities to reclassify land

into non-agricultural uses.Memorandum circular no. 54

ZoningPrescribereasonable limits and restraintson the use of property within the jurisdiction of

the municipalitySection 447 / Section 458

Zoning Adopt measures to safeguard and conserveland, mineral, marine, forest, and otherresources of the municipality.

Section 444 / Section 455

ZoningIt is a general term used for a permanent or temporary community in which people live, without

being specific as to size, population or importance.Settlement

PD 1517Urban & Land

UseUrban Land Reform PD 1517

PD 1517Urban & Land

Use

it is the policy of the state to liberate our human communities from bli ght, congestion, and

hazard,and to promote their development and modernationa, b) to bring about the optimum

use of land as a national resource for public welfare rather than as a commodity of trade

subject to price speculation and indiscriminate use.

Urban Land Reform Act / PD 1517

PD 1517Urban & Land

Use

This shall govern the administration and management of SPECIFIC URBAN AND

URBANIZABLE LANDSproclaimed or to be proclaimed by the President as URBAN LAND

REFORM ZONE


PD 1517Urban & Land

UseMinistry of Human Settlements, now known as __ HLURB

PD 1517Urban & Land

UseUrban Land Reform Council, now known as __

PD 1517Urban & Land

Use

is a series ofdecision documents, including maps, specifiying the nature of future physical,

social, economic and environmental development of the Urban Zoneas outlined in the

Concept Plan, and consisteing among others, of a detailedland use plan , including area

phasing, sectoral programs, land acquisition and dispositoin programs and capital programs

Development Plan

PD 1517Urban & Land

Use

refers to the commitment, for more than a limited duration, of funds, land resources, faciltiies

and services by two or more legally separate interests to an enterprise for their mutual

benefit.

The equity participation of the private landowner will include but shall not be limited to his land

contribution.

Joint Venture

PD 1517Urban & Land

Use

means the acquisition of lo ts varying ownership through, among others, expropriation or

negotiated purchase,for the purpose of planning and development unsrestricted by individual

property boundaries

Land Assembly

PD 1517Urban & Land

Use

The acquisition of land in advance of actual needbased on present value for future planned

development is referred to underUrban Land Reform Lawas _Land Banking

PD 1517Urban & Land

Use

acquisiton of land,in advance of actual need , for the purpose of acquiring lands at existing

use value and of disposing, them in a mnner which would promote planned development andinfluence land price formation.

Land Banking

PD 1517Urban & Land

Use

__ refers to the pooling of individual lotsfor the purpose of development and replotting,

unrestricted by individual property boundaries, and according to an approved development

plan.

Land Consolidation or Readjustment

PD 1517Urban & Land

Use

__ refers to the process of bartering land for another piece of land or share of stock of

equal value ina government or quasi-government cororation.Land Exchange

PD 1517Urban & Land

Use

__ refers to the right of the stateto classify, guide and r egulate the acquisition, use, and

disposition of landin the interest of public welfare.Land Management


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PD 1517Urban & Land

Use

__ is a scheme whereby a group of hoemownersoccupying a contiguous parcel of land, and

constituting a neighborhood units, owns tha land in common

a disposition technique the ministry may organize new or develop existing neighborhood

associationfor the purpose of assuming collective responsibility for the management and

administration of their neighborhood units and for the collection and amortization of land

payments.

Neighborhood Ownership

PD 1517Urban & Land

Use

__ is a grant of residential land w ithin an Urban Land Reform Zonemade by the state upon

compliance with the development use and related conditions

a disposition technique where the ministry may dispose parcels of land acquired by it within an

Urban Zone to private indiv iduals for residential purposes, but shall retain ownershipthereof until the development ...

Residential Freehold

PD 1517Urban & Land

Use

__ is a disposition techniquewhich will enable occupants of government-owned lands to

exercise ownership over occupant -introduced improvements.

.. The ministry may effect a system which will allow it to retain title to certain parcels of land

while enabling occupants to own occ upant-introduced improvements such as dwelling

units.

Tenure in Improvement

PD 1517Urban & Land

Use

Refer to land which conform to any of the following criteria:

1) all cities and municipalities with population density of at least 1000 persons per square

kilometerand where atleast 50% engaged in non-agricularal activities

2) all barangay comprising the former poblacios or barangay with population density ofgreater

than 500 but less than 1000 persons per square kilometer, and where at least 50%

engaged in non-agricultural activities.

3) not included in item 1 and 2 above but with population size of at least 1000 and w here 50%


Urban Lands

PD 1517

Urban & Land

Use

refer to sites and land areas which considering present characteristics and prevailing

conditions, display a marked and high probability of becoming urban lands with the period of5 to 10 years Urbanized Lands

Urban & Land

UseUrban Land Reform Zone Areas for Priority Development (APD)

PD 1517Urban & Land

UseUrban Land Reform Zone Urban Zone

Urban & Land

Use

They refer to the 244 areas in Metro Manila specifically described and identifed in Proclamation

1967 and all other sites later identified and proclaimed.

Urban & Land

Use

Metro Manila 244

Additional for Metro Manila 20

Total for Metro Manila 264

Cebu City 1

SIR / ZIP 19

Total Philippines 284

PD 1517

Urban & Land

Use Urban Zone Expropriation and Land Management Urban Zone Committee

PD 1517Urban & Land

Use

After review, the Commission ( ) shall forward the said Development Plan, together with a

report of its findings and recommendations, to the Minister for consideration and approval.

Approval of Development Plan by the Minister of

Human Settlements

PD 1517Urban & Land

Use

The Ministry shall cause the translation of the DEVELOPMENT PLAN into __ which shall

inlcude zoning and subdivisi on regulations, architectural design standards,

environmental controls and other enforecement gui delines.

Development Regulation

PD 1517Urban & Land

Use

The ministry shall have the __ to acquire the abovementioned lands or improvement thereon

which shall include, but shall not be limited to, lands occupied by tenants Pre-emptive Right

PD 1517Urban & Land

Use

The Bureau of Land and the Land Registration Commission shall provide the Ministry with __

and other information to be entered in to the __. The LRC shall prior to registration of any

transaction involving lands within the Urban Zone, require clearance from the Commission

Cadastral Maps / Development Registry

PD 1517Urban & Land

Use

Establishment of a Development Use Permit: The Commission shall establish and admister a

Comprehensive Development Use Permit Systemto governthe develop of land in every

proclaimed __ and __

Urban Zone and Bagong Lipunan Sites

PD 1517Urban & Land

Use

The Commission shall require a __for every development, use or change in use of , and

construction on land with the Urban Zone.

Development Use Permit(so from Development Plan to Development

Regulation to Development Use Permit)

PD 1517Urban & Land

Use

The Urban Zone Committee (Urban Zone Expropriation and Land Management) shall assist the

Ministry in the exercise of i ts power of __.Eminent Domain

PD 1517Urban & Land

Use

Within an Urban Zone, the Mininistry, or any of its attached agencies, may acquire land through

any or a combination of the acquisition t echniques or arrangements.Land Acquisition Techniques

PD 1517Urban & Land

Use

Various Land Acquisition Techniques:

1) Land Purchase - purchase through negotiation private lands.

2) Land Exchange

3) Joint Venture

4) Land Consolidation or Readjustments

5) Land Banking

6) Expropriation

Accretion not included

PD 1517Urban & Land

Use

The Ministry may undertake land consolidation or r eadjustmentfor portions of an Urban

Zone upon petition of at least __ % of the landowners holding an interest representing __ of the

land area.

50% / more than 1/2 interest of the land area

PD 1517 Urban & LandUse

As a general rule, __ will be availed of only as a last resort Expropriation

PD 1517Urban & Land

Usesale, lease, exchange, neighborhood ownership, residential freehold, tenure in improvement Different Land Disposition Techniques

PD 1517Urban & Land

Use

__ refer to the rightful occ upants of residential lands and structures, utilizaing the said

properties forhis own use.. But do not include 1) those whose presence on the land is merely

toleratated and withot the benefit of the contract, 2) those who enter the land by force or deceit,

or 3) those whose possession thereof is under litigation

Tenants (OccupanTs Tenants)

PD 1517Urban & Land

Use

__ refer to the legitimate lesseesof houses, apartments, accessories or other residential

unitsbut not to include those whose possession thereof is under litigationResidents (Lessees ReSidents)


7/20

PD 1517Urban & Land

Use

a tenant or resident is considered __ if at the time of proclamation of the Urban Zone, a case

involving the legality of his possession over the land or its structures is found to be pending in

court.

under litigation

PD 1517Urban & Land

Use

Within the Urban Zone, legitiamte tenantsof lands who have built their homes thereon and

residentswho have continuously residedon the land and its structures for __ at the time of

proclamation, 1) shall not be dispossessed of the same and 2) shall be allowed the right of

first refusal...except over areas subject to governement assessment and projects within a

reasonable time...

10 years or more

PD 1517Urban & Land

UseContinuous resided means actual, physical, and continuous stay by the tenant or resident Continuous resided

PD 1517Urban & Land

Use

Succession of rights In case of death or physical incapacity of the bonafide tenant orresident, the surviving spouse or any of his children of legal age who is staying and stayed in

the residental land or dwelling unit for __, and who possess the other qualifications for a in a

bonafide tenant/resident may excercise the 1) __ and/or 2) __.

10 years or more / 1) rights of first refusal and/or

2) rights of non-dispossession

PD 1517Urban & Land

Use

__ is thepre-emptive right of the tenant or residents to buy leased premises which are being

offered for sales or being sold by the owner.

This right of first refusal shall be li mited to natural persons who are Filipino cit izens and

are actually occuping the land and structures primarily for r esidential purposes.

But the government's pre-emptive right is paramount to this .

Right of First Refusal

PD 1517Urban & Land

Use

in cases where the tenants and residents referred hre are unable to purchase the said lands or

improvements, they may apply for financial assistance from the government. Period to

Exercise Right of First Refusal the right of first refusal shall be exercised not to exceed 6

monthsfrom the time the owner made a written offer to sell to the tenant or resident.

Space Limitation limited to not more than twice of the ground floor areaof existing unit

Waiver of Right a tenant or resident may waive the right of first refusal through a sworn

statement provided that is is subject to the approval of the Commission

Notes on Right of First Refusal

(6 months similar with the acts of recission after

receipt of the delivery by the seller under contractof sale)

PD 1517Urban & Land

Use

1) Subleasing or assingment of lease of residential units in whole or in part, without the written

consent of the owner/lessor.

Provided, that in the case of subleases or assignments exectued prior to the approval of this

rules, the sublessor/assignor shall have60 days to obtain approval.

Grounds for Ejectment (different from the general

rule on subleasing)

PD 1517Urban & Land

Use

2) Arrears in payment of rent for 3 months at any one time . Provided, that in case of refusal

of the lessor to accept payment of the rental agreed upon, the tenant/resident shall either

deposit, by way of CONSIGNATION, the amount in court or in a bankint he name of and

with notice to the lessor.

Grounds for Ejectment

PD 1517Urban & Land

Use

3) Need of owner/lessor to repossess his property for his own use or for the use of any

immediate member of his family as a RESIDENTIAL UNIT. Provided that 1) such immediate

member not owner of any other available residential unit 2) the period of lease has expired, 3)

lessor has given the tenant/resident notice 3 months in advanceof the lessor's intention toreposses the property, 4) that the owner/lessor or immediate members of his family stay in the

residential units for at lease one year,except for justifiable cause.

This ground, however, shall not apply if upon termination of the lease contract, the

tenant/resident shall ahve conti nuously resided thereonfor 10 years or more.


PD 1517Urban & Land

Use

Ownership by the tenant/resident of another residential unit which he may use as his

residence. Provided, tha the tenant/resident shall have been ntoified by the lessor of the

intended ejectment 3 months in advance.


PD 1517Urban & Land

Use

Need of the lessor to make necessary repairs of the leased premises which is the subject of an

existing order of condemnationby appropraite administrative authorities concerned.

provided, that after said repairs, the tenant/resident shall have the pre-emptive right to lease

the same premises.


PD 1517Urban & Land

Use

Expiration of the period of a written lease contract, except in cases where the written

contract shall expire after the tenant/resident has stayed thereon for10 years or moreGrounds for Ejectment

PD 1517 Urban & LandUse Urban Land Reform Act PD 1517

PD 1517Urban & Land

Use

it is the policy of the state to liberate our human communities from bli ght, congestion, and

hazard,and to promote their developme and modernationa, b) to bring about the optimum use

of land as a national resource for public welfare rather than as a commodity of trade subject to

price speculation and indiscriminate use.


RA 7279Urban & Land

UseUrban Development and Housing Act of 1992 (the Lina Law) RA 7279

RA 7279Urban & Land

Use

AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING URBAN

DEVELOPMENT AND HOUSING PROGRAM, ESTABLISH THE MECHANISM FOR ITS

IMPLEMENTATION, AND FOR OTHER PURPOSES

RA 7279

RA 7279Urban & Land

Use

a) Uplift the conditions of theunderprivileged and homeless citizens in urban areas and in

resettlement areasby making available to them decent housing at affordable cost, basic

services, and employment opportunities;

b) Provide for the rational use and development of urban land in order to bring about the

following

RA 7279

RA 7279 Urban & LandUse

refers to themost reasonable price of l and and shelterbased on the needs and financialcapability of Program beneficiaries and appropriate financing schemes;

Affordable Cost

RA 7279Urban & Land

Use

refers to those areas declared as such under existing statutes and pertinent executive

issuances;Areas for priority development

RA 7279Urban & Land

Use

refers to the areas where the structures are di lapidated, obsolete and unsanitary, tending

to depreciate the value of the land and prevent normal development and use of the area;Blighted areas

RA 7279Urban & Land

Use

refers to the constituti onally mandated processwhereby the public on their own or through

peoples organizations, is provided an opportunity t o be heard and to participate in the

decision-making process on matters involving the protection and promotion of its legitimate

collective interests, which shall include appropriate documentation and feedback mechanisms;

Consultation


8/20

RA 7279Urban & Land

Use

refers to non-agricultural lands in ur ban and urbanizable areason whichno

improvements,as herein defined, have been made by the owner, as certified by the city,

municipal or provincial assessor

Idle Lands

RA 7279Urban & Land

Use

refers toall types of buildi ngs and residential units, walls, fences, structures or

construction of all kinds of a fixed character or which are adhered to t he soilbut

shall not include trees, plants and growing fruits, and other fixtures that are

mere superimpositions on the land, andthe value of improvements shall not be less than

fifty percent (50%) of the assessed value of the property;

Improvements

RA 7279Urban & Land

Use

refers to the commitment or agreement by two (2) or more personsto carry out a specific

or single business enterprise for their mutual benefit, for which purpose they combine their

funds, land resource, facilities and services;

Joint Venture

PD 1517Urban & Land

Use

means the acquisition of lo ts varying ownership through, among others, expropriation or

negotiated purchase,for the purpose of planning and development unsrestricted by individual

property boundaries

Land Assembly

RA 7279Urban & Land

Use

refers to the acquisition of lots or v arying ownership through pur chase or

expropriation for the purpose of planned and rational development and socialized housing

programs without individual property boundary restrictions;

Land assembly or consolidation

PD 1517Urban & Land

Use

__ refers to the pooling of individual lotsfor the purpose of development and replotting,

unrestricted by individual property boundaries, and according to an approved development

plan.

Land Consolidation or Readjustment

RA 7279Urban & Land

Use

refers to the acquisition of land atvalues based on existing use i n advance of actual need

to promote planned development and socialized housing programs;Land Banking

PD 1517Urban & Land

Use

__ refers to the process of bartering land for another piece of land or share of stock of

equal value ina government or quasi-government cororation.Land Exchange

RA 7279Urban & Land

Use

refers to the process of land acquisition by exchanging land for another piece of land of

equal value, or for shares of stock i n a government or quasi-government corporation whose

book value is of equal valueto the land being exchanged, for the purpose of planned and

rational development and provision for socialized housing where land values are determined

based on land classification, market value and assessed value taken from existing taxdeclarations: Provided, That more valuable lands owned by private persons may be

exchanged with less valuable lands to carry out the objectives of this Act ;

Land Swapping

(with word exchange already in the definition so

not Land Exchange, it should be Land Swapping)

RA 7279Urban & Land

Use

refers to the rational approach of allocating available land resourcesas equitably as

possible among competing user groups and for different functions consistent wit h the

development planarea and the Program under this Act;

Land Use Plan

Urban & Land

Use

_usually presented in a land use mapindicates the socially desired mix of land uses and a set

of policies to guide future developmentLAND USE PLAN

Urban & Land

Use

_ refers to the act of allocating lands to different activitiesor class of land usesevolved

and enacted through the town planning and zoning processLAND USE CLASSIFICATION

RA 7279Urban & Land

Use

refers to the process of upgrading and rehabilitation of blighted and slum urban areas

with a view of minimizing displ acement of dwellers in said areas, and with provisions for

basic services as provided for in Section 21 hereof;

On-site development

RA 7279

Urban & Land

Use

refers to individuals or groups w ho occupy lands without t he express consent of the

landownerand who have sufficient income for legitimate housing.Theterm shall also

apply to persons who have previously been awarded homelots or housing units by the

Government but who sold, leased or transferred the same to settle illegally in the same place orin another urban area, and non-bona fide occupants and intruders of lands reserved for

socialized housing. The term shall not apply to indivi duals or groups who simpl y rent land

and housing from professional squatters or s quatting syndicates;

Professional squatters

RA 7279Urban & Land

Use

refers to the degree of protection afforded to qualified Program beneficiaries against

infringement or unjust, unreasonable and arbitrary eviction or dis position , by virtue of

the right of ownership, lease agreement, usufruct and other contractual arrangements;

Security of tenure

ZoningIt is a general term used for a permanent or temporary community in which people live, without

being specific as to size, population or importance.Settlement

RA 7279Urban & Land

Use

refers to areas identified by the appropriate national agency or by the local government unit

with respect to areas within its jurisdiction, which shall be used for therelocation of the

underprivileged and homeless citizens

Resettlement areas

RA 7279Urban & Land

Use

refers to the program of the National Housing Author ity of upgrading and improving

blighted squatter areas outside of Metro Manilapursuant to existing statutes and pertinent

executive issuances;

Slum Improvement and Resettlement Program or

SIR

RA 7279

Urban & Land

Use

refers to the program of the National Housing Authorit y of upgrading and improving

blighted squatter areaswithin the cities and municipalities of Metro Manila pursuant toexisting statutes and pertinent executive issuances. Zonal Improvement Program or ZIP

RA 7279Urban & Land

Use

refers to housing programs and projects covering houses and lots or homelots only

undertaken by the Government or the private sector for the underprivileged and homeless

citizens which shall include sites and services development, long-term financing, liberalized

terms on interest payments, and such other benefits in accordance with the provisions of this

Act;

Socialized housing

RA 7279Urban & Land

Use

refers to those whose only real property consists ofresidential landsnot exceeding three

hundred square meters(300 sq. m.) in highly urbanized citiesand eight hundred square

meters (800 sq. m.) in o ther urb an areas;

Small property owners

RA 7279Urban & Land

Userefers to groups of persons engaged in the business of squatter housing for profit or gain; Squatting syndicates

RA 7279Urban & Land

Use

refers to the beneficiaries of this Act and to individuals or families residing in urban and

urbanizable areas whose income or combined household income falls within the poverty

thresholdas defined by theNational Economic and Development Authority and who do

not own housing faciliti es. This shall include those who live in makeshift dwelling units and

do not enjoy security of tenure;

Underprivileged and homeless citizens

Section 13. Valuation of Lands for Socialized Housing. Equitable land valuation guidelines

for socialized housing shall be set by the Department of Finance on the basis of the marketvalue reflected in the zonal valuation, or in its absence, on the latest real property tax

declaration.

Department of Finance

RA 7279Urban & Land

Use

1. Must be a Fi lipino Citizen

2. Must be an underprivileged and homeless citizen

3. Must not own any real property whether in the urban or rural areas

4. Must not be a professional squatter or a member of s quatting syndicates

Eligibility Criteria for Socialized Program

Beneficiaries


9/20

RA 7279Urban & Land

Use

refers to lands in urban and urbanizable areas 1) which arenot registered with t he Register

of Deeds, or with the city or municipal assessors office concerned, or

2) which are uninhabited by the owner and have not been developed or devoted for any useful

purpose, orappears unutilized for a period of three (3) consecutive years immediately prior

to the issuance and receipt or publication of notice of acquisition by the Government as

provided under this Act.

It does not include land which has been abandoned by reason of force majeure or any

fortuitous event; Provided, that prior to such event, such land was previously used for some

useful or economic purpose

Unregistered or abandoned lands

(different from Idle Lands)

PD 1517Urban & Land

Use

Refer to landwhich conform to any of the following criteria:

1) all cities and municipalitieswith population density of at least 1000 persons per squarekilometerand where atleast 50% engaged in non-agricularal activities

2) all barangay comprisin g the former poblacios or barangaywith population density of

greater than 500 but less than 1000 persons per square kilometer, and where at least 50%


3) not included in item 1 and 2 above but with population size of at least 1000 and w here 50%


Urban Lands

PD 1517Urban & Land

Use

refer to sites and land areaswhich considering present characteristics and prevailing

conditions, display a marked and high probability of becoming urban lands with the period of

5 to 10 years

Urbanized Lands (not urbanizable)

RA 7279Urban & Land

Use

refers to all cities regardless of their population density and to municipalities with a

population density of at least five hundred (500) persons per square kil ometer;Urban areas

RA 7279Urban & Land

Use

refers to sites and lands which, considering present characteristics and prevailing

conditions, displaymarked and great potential of becoming urban areas within the period

of five (5) years;and

Urbanizable areas (not urbanized)

RA 7279Urban & Land

Use

The Program shall cover all l ands in urban and urbanizable areas, including existing areas

for priorit y development, zonal improvement sites, slum i mprovement and resettlement

sites, and in other areas that may be identified by the local government units as suitable for

socialized housing.

Inclusions

RA 7279Urban & Land

Use

a) Those included in the coverage of Republic Act No. 6657, otherwise known as the

Comprehensive Agrarian Reform Law;Exemptions

RA 7279Urban & Land

Useb) T hose actually used for national defense and security of the State; Exemptions

RA 7279Urban & Land

Use

c) Those used, reserved or otherwise set aside for government offices, facilities and other

installations, whether owned by the National Government, its agencies and

instrumentalities, including government-owned or controlled corporations, or by the local

government units: Provided, however, That the l ands herein mentioned, or porti ons

thereof, which have not been used for the purpose f or whic h they have been reserved or

set aside for the past ten (10) years from the effectivity of this Act, shall be covered by

this Act;

Exemptions

RA 7279Urban & Land

Use

d) Those used or set aside for parks, reserves for flora and fauna, forests and watersheds,

and other areas necessary to maintain ecological balance or environmental protection, asdetermined and certified to by the proper government agency; and

e) Those actually and primarily used for religious, charitable, or educational purposes, cultural

and historical sites, hospitals and health centers, and cemeteries or memorial parks.

Exemptions

RA 7279Urban & Land

Use

There shall be a National Urban Development and Housing Framework to be formulated

by the Housing and Land Use Regulatory Board under the direction of the Housing and

Urban Development Coordinating Councilin coordination with all local government units and

other concerned public and private sectors within one (1) year from the effectivity of this Act.

National Urban Development and Housing

Framework

RA 7279Urban & Land

Use

There shall be a National Urban Development and Housing Framework to be formulated

by HLURBand the direction of HUDCC

RA 7279Urban & Land

Use

which is the comprehensive planfor urban and urbanizable areas aimed at achieving the

objectives of the Program. In the formulation of the framework, a review and rationalization

of existing town and land use plans, housing programs, and all other projects and activities of

government agencies

National Urban Development and Housing

Framework

RA 7279 Urban & LandUse

For planning purposes, the Housing and Urban Development Coordinating Council shall befurnished by each local government unit a copy of its inventory which shall be updated every

__.

3 years

RA 7279Urban & Land

Use

After the inventory, the local government units, in coordination with the National Housing

Authority, the Housing and Land Use Regulatory Board, the National Mapping Resource

Information Authority, and the Land Management Bureau, shall identify lands for socialized

housing and r esettlement areas for the immediate and future needs of t he

underprivileged and homeless in the urban areas

RA 7279Urban & Land

Use

Government-owned lands under paragraph (b) of the preceding section which have not been

used for the purpose for which they have been reserved or set aside for the past ten (10)

years from the effectivity of this Act and identified as suitable for socialized housing, shall

immediately be transferred to theNational Housing Authority subject to the approval of the

President of the Philippines or by the local government unit concerned, as the case may be,

for proper disposition in accordance with this Act.

RA 7279Urban & Land

Use

Section 10. Modes of Land Acquisition. - The modes of acquiring lands for purposes of this Act

shall include, among others, community mor tgage, land swapping, land assembly orconsolidation, land banking, donation to the Government, joint-venture agreement,

negotiated purchase, and expropriation : Provided, however, That expropriation shall be

resorted to only when other modes of acquisition have been exhausted.

Provided, further, That where expropriation is resorted to, parcels of land owned by small

property ownersshall be exempted for purposes of this Act: Provided, finally, That

abandoned property, as herein defined, shall be reverted and escheatedto the State in a

proceeding analogous to the procedure laid down in Rule 91 of the Rules of Court.

Modes of Land Acquisition


10/20

RA 7279Urban & Land

Use

For the purpose of socialized housing, government-owned and foreclosed propertiesshall

be acquired by the local government units, or by the National Housing Authority primarily

through __: Provided, That qualified beneficiaries who are actual occupants of the land shall be

given the __.

negotiated purchase / right of first refusal

RA 7279Urban & Land

Use

GAUA BP

a) Those owned by the Government or any of its subdivisions, instrumentalities, or agencies,

including government-owned or controlled corporations and their subsidiaries;

b) Alienable lands of the public domain;

c) Unregistered or abandoned and idle lands;

d) Those within the declaredAreas for Prio rit y Develo pment, Zonal Improvement Programsites, and Slum Improvement and Resettlement Program sites which have not yet been

acquired;

e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not yet been

acquired; and

f) Privately-owned lands.

Lands for socialized housing shall be acquired in

the following order:

(the order is from government lands to private)

RA 7279Urban & Land

Use

Expropriation of Idle Lands. - All idle lands in urban and urbanizable areas, as defined and

identified in accordance with this Act, shall be expropriated and shall form part of the public

domain.

These lands shall be disposed of or utilized by the Government for such purposes that conform

with their land use plans. Expropriation proceedings shall be instituted if, after the lapse of

one (1) yearfollowing receipt of notice of acquisition, the owner fails to introduce

improvementsas defined in Section 3(f) hereof, except in the case of force majeure and other

fortuitous events. Exempted from this ownership of which is subject of a pending litigation.

RA 7279Urban & Land

Use

shall coordinate with each other to formulate and make available various alternative schemes

for the disposition of lands to the beneficiaries of the Program. These schemes shall not belimited to those involving transfer of ownership in fee simple but shall include lease, with

option to purchase, usufructor such other variations as the local government units or the

National Housing Authority may deem most expedient in carrying out the purposes of this Act.

Consistent with this provision, a scheme for public rental housingmay be adopted.

Modes of Land Disposition

RA 7279Urban & Land

UseRead Sect 10, 12, 13

RA 7279Urban & Land

Use

Limitations on the Disposition of Lands for Socialized Housing. - No land for socialized housing,

including improvements or rights thereon, shall be sold, alienated, conveyed, encumbered

or leased by any beneficiaryof this Programexcept to qualified Program beneficiariesas

determined by the government agency concerned.

Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or any right

thereon, the transaction shall be null and void. He shall also lose his right to the land, forfeit

the total amortization paid thereon, and shall be barred from the benefits under this Act for a

period of ten (10) years from the date of violation.

In the event the beneficiary dies before full ownership of the land is vested on him, transfer to

his heirs shall take place only upon their assumption of his outstanding obligations.In

case of failure by the heirs to assume such obligations, the land shall revert to the Government

for disposition in accordance with this Act.

RA 7279Urban & Land

Use

__ shall be the primary strategy in providing shelter for the underprivileged and homeless.

However, if the tenurial arrangementin a particular socialized housing program is in the

nature of leasehold or usufr uct, the same shall be transitoryand the beneficiaries must be

encouraged to become independent from the Program within a given period of time, to be

determined by the implementing agency concerned.

Socialized housing

RA 7279

Urban & Land

Use

Eligibility Criteria for Socialized Housing Program Beneficiaries. - To qualify for the socialized

housing program, a beneficiary:

a) Must be a Filipino citizen;

b) Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act;

c) Must not own any real property whether in the urban or rural areas; and

d) Must not be a professional s quatter or a member of squatting syndi cates.

RA 7279Urban & Land

Use

Balanced Housing Development. - The Program shall include a system to be specified in the

Framework plan whereby developers of proposed subdiv ision projects shall be required to

develop an area for socialized housing equivalent to at least twenty percent (20%)of the total

subdivision areaor total subdivision project cost, at the option of the developer, within the

same city or municipality, whenever feasible, and in accordance with the standards set by the

Housing and Land Use Regulatory Board and other existing laws. The balanced housing

development as herein required may also be complied with by the developers concerned in any

of the following manner:

Balanced Housing Development 20%

RA 7279Urban & Land

Use

The National Housing Authori ty, being theprim ary government agency in charge of

providing housi ng for the underprivil eged and homeless, shall be exempted from the

payment of all fees and charges of any kind, whether local or national, such as income

and real taxes. All documents or contracts executed by and in favor of the National Housing

Authority shall also be exempt from the payment of documentary stamp tax and registration

fees, including fees required for the iss uance of transfer certificates of titles.

National Housing Authority


11/20

RA 7279Urban & Land

Use

b) Creation of one-stop offices in the different regions of the country for the processing,

approval and issuance of clearances, permits and licenses: Provided, That clearances, permits

and licenses shall be issued within ninety (90) daysfrom the date of submission of all

requirements by the participating private developers;

c) Simplification of financing procedures; and

d) Exemption from the payment of the following:

1) Proj ect-related income taxes;

2) Capital gains tax on raw lands use for the project;

3) Value-added tax for the project concerned;4) Transfer tax for both raw and completed projects; and

5) Donors tax for both lands certified by the local government units to have been

donated for socialized housing purposes.

Incentives for Private Sector Participating in

Socialized Housing

RA 7279Urban & Land

Use

Property owners who voluntarily provide resettlement sites to i llegal occupants of their

landsshall be entitled to a tax credit equivalent to t he actual non-recoverable expenses

incurred

RA 7279Urban & Land

Use

Participation of Beneficiaries. - The local government units, in coordination with the

Presidential Commission for t he Urban Poorand concerned government agencies, shall

afford Program beneficiaries or their duly designated representatives an opportunity to be

heard and to participate in the decision-making process over matters involving the protection

and promotion of their legitimate collective interests which shall include appropriate

documentation and feedback mechanisms.

Presidential Commission for Urban Poor

RA 7279Urban & Land

Use

Section 25. Benefits. - In addition to the benefits provided under existing laws and other related

issuances to occupants of areas for priority development, zonal improvement program sites

and slum improvement and resettlement program site, such occupants shall be entitled topriority in all government projects initiated pursuant to this Act. They shall also be entitled to the

following support services:

a) Land surveys and titling at minimal cost;

b) Liberalized terms on credit faciliti es and housing loans and one hundr ed percent

(100%) deduction fr om every homebuyers gross income tax of all interest payments

made on documented loans incurred for t he construction or purchase of the

homebuyers house;

c) Exemption from the payment of docu mentary stamp tax, registration fees, and other

fees for the issuance of transfer certificate of titles;

RA 7279Urban & Land

Use

Action Against Professional Squatters and Squatting Syndicates. - The local government

units, in cooperation with the Philippine National Police, the Presidential Commission for the

Urban Poor (PCUP), and the PCUP-accredited urban poor organization in the area, shall

adopt measures to identify and effectively curtail the nefarious and illegal activities ofprofessional squatters and squatting syndicates, as herein defined.

structures demolished, and shall be disqualified to avail of the benefits of the Program. A public

official who tolerates or abets the commission of the abovementioned acts shall be dealt with in

accordance with existing laws.

For purposes of this Act, professional squatters or membersof squatting syndicates shall be

imposed the penalty of six (6) years imprisonmentor a fine of not less than Sixty thousand

pesos (P60,000)but not more than One hundred thousand pesos(P100,000), or both, at the

discretion of the court.

RA 7279Urban & Land

Use

Urban Renewal and Resettlement. - This shall incl ude 1) the rehabilitation and

development of blighted and sl um areas and 2) the resettlement of Program

beneficiariesin accordance with the provisions of this Act.

On-site development shall be implemented whenever possible in order to ensure minimum

movement of occupants of blighted lands and slum areas.

The resettlement of the beneficiaries of the Program from their existing places of

occupancy shall be undertaken only when on-site development is not feasible and after

compliance with the procedures laid down in Section 28 of this Act.

Urban Renewal and Resettlement / On-site

Development

RA 7279Urban & Land

UseCOMPLETED READING UNTIL SEC 26. COMMENCE STUDY AT SEC 27,

RA 7279Urban & Land

Use

In the execution of eviction or demolition orders involving underprivileged and homeless

citizens, the following shall be mandatory:

(1) Notice upon the effected persons or entities at least thirty (30) daysprior to the date of

eviction or demolition;

(8)Adequ ate rel ocat ion, whether temporary or permanent: Provided, however, That in cases

of eviction and demolition pursuant to a court order involving underprivileged and

homeless citizens, relocation shall be undertaken by the local government unit concerned and

the National Housing Authority with the assistance of other government agencies within forty-

five (45) daysfrom service of notice of final judgment by the court, after which period the said

order shall be executed: Provided, further, That should relocation not be possible within the

said period, financial assistance in the amount equivalent to theprevailing minimum daily

wage multiplied by sixty (60) days shall be extended to the affected families by the local

government unit concerned.

RA 7279Urban & Land

UseRead Section 28 on Eviction and Demolition for the other requirements

RA 7279Urban & Land

Use

For purposes of this Act, professional squatters or members of squatting syndicates shall be

imposed the penalty of six (6) years imprisonmentor a fine of not less than Sixty thousand

pesos (P60,000) but not more than One hundred thousand pesos (P100,000), or both, at the

discretion of the court.


12/20

RA 7279Urban & Land

Use

The Community Mortgage Program (CMP) is a mortgage financing program of the National

Home Mortgage Finance Corporationwhich assists legally organized associations of

underprivileged and homeless citizensto purchase and develop a tract of land under the

concept of community ownership.The primary objective of the program is to assist

residents of blighted or depressed areas to own the lots they occupy, or where they choose to

relocate to, and eventually improve their neighborhood and homes to the extent of their

affordability.

Community Mortgage Program

RA 7279Urban & Land

Use

Incentives. - To encourage its wider implementation, participants in the CMP shall be granted

with the following privileges or incentives:

(a) Government-owned or controlled corporations and local government units, may dispose oftheir idle landssuitable for socialized housing under the CMP through negotiated sale at

prices based on acquisition cost plus fi nancial carrying costs ;

(b) Properties sold under the CMP shall be exempted from the capital gains tax; and

(c) Beneficiaries under the CMP shall not be evicted nor dispossessed of their lands or

improvements unless they have incurred arrearages in payments of amortizations for three (3)

months.

RA 7279Urban & Land

Use

Urban-rural Interdependence. - To minimize rural to urban migration and pursue urban

decentralization, the local government units shall coordinate with the National Economic and

Development Authority and other government agencies in the formulation of national

development programs that will stimulate economic growth and promote socioeconomic

development in the countryside

RA 7279Urban & Land

Use

Role of Local Government Units. - The local government units shall be charged with the

implementation of this Act in their respective localities, in coordination with

the Housing and Urban Development Coordinating Council , thenational housing

agencies, the Presidential Commission for the Urban Poor,the private sector and othernon-government organizations.

RA 7279Urban & Land

Use

They shall prepare a comprehensive land use plan for their respective localities in accordance

with the provisions of this Act

RA 7279Urban & Land

Use

Role of Government Housing Agencies. - In addition to their respective existing powers and

functions, and those provided for in this Act, the hereunder mentioned housing agencies shall

perform the following:

RA 7279Urban & Land

Use

(a) The Housing and Urban Development Coordinating Council shall, through the key housing

agencies, provide local government units with necessary support such as:

(1) Formulation of standards and guidelinesas well as providing technical support in the

preparation of town and land use plans;

(2) In coordination with the National Economic and Development Authority and the National

Statistics Office,provide data and information for forw ard-planning by the local government

units in their areas, particularly on projections as to the population and development trends in

their localities and the corresponding investment programs needed to provide appropriate types

and levels of infrastructure, utilities, services and land use patterns; and

(3)Ass is tance in o btai nin g fu nds and o ther reso urc esneeded in the urban development

and housing programs in their areas or responsibility.

Housing and Urban Development Coordinating

Council

RA 7279Urban & Land

Use

(b) The National Housing Authority, upon request of local government units, shall provide

technical and other forms of assistance in the implementation of t heir respective urban

development and housi ng programs with the objective of augmenting and enhancing local

government capabilities in the provision of housing benefits to their constituents;

National Housing Authority

RA 7279Urban & Land

Use

(c) The National Home Mortgage Finance Corporation shall administer the Community

Mortgage Programunder this Act and promulgate rules and regulations necessary to carry out

the provisions of this Act; and

National Home Mortgage Finance Corporation

RA 7279Urban & Land

Use

(d) The Home Insurance Guaranty Corporation shall design an appropriate guarantee

scheme to encourage financial institut ionsto go into direct lending for housing.Home Insurance Guaranty Corporation

RA 7279Urban & Land

Use

Section 42. Funding. - Funds for the urban development and housing program shall come from

the following sources:

(a) A minimum of fifty percent (50%) from the annual net inc ome of the Public Estates

Author ity ,to be used by the National Housing Authority to carry out its programs of land

acquisition for resettlement purposes under this Act;

RA 7279Urban & Land

Use

(b) Proceeds from the disposition of ill-gotten wealth, not otherwise previously set aside for any

other purpose, shall be applied to the implementation of this Act and shall be administered by

the National Home Mortgage Finance Corporation;

RA 7279Urban & Land

Use

Section 43. Socialized Housing Tax. Consistent with the constitutional principle that the

ownership and enjoyment pf property bear a social function and to raise funds from the

Program, all local government units are hereby authorized to impose an additional one-half

percent (0.5%) tax on theassessed value of all lands in urban areasinexcess of Fifty

thous and pesos (P50,000).

RA 7279Urban & Land

Use

Section 45. Penalty Cause. - Any person who violates any provision of this Act shall be

imposed the penalty of not more than six (6) years of imprisonment or a fine of not less than

Five thousand pesos (P5,000) but not more than One hundred thousand pesos (P100,000), or

both, at the discretion of the court: Provided, That, if the offender is a corporation, partnership,

association or other juridical entity, the penalty shall be imposed on the officer or officers of

said corporation, partnership, association or juridical entity who caused the violation.

RA 7279Urban & Land

Use

What housing projects are covered?

All housing projects whose selling price is above PHP180,000 in h ighl y urbani zed areas andabove, PHP150,000 in non urbanized areas

RA 7279Urban & Land

Use

Are resid enti al co ndominiu ms c over ed?

No; per Opinion of the Department of Justice, the law aplipes only to subdivisions;

condominiums are a different type of project, and there is no legal basis for requiring them to

be covered by this requirement

BR 890Urban & Land

Use

REVISED IMPLEMENTING RULES AND REGULATIONS TO GOVERN SECTION 18 OF

REPUBLIC ACT NO. 7279 OTHERWISE KNOWN AS THE URBAN DEVELOPMENT AND

HOUSING ACT OF 1992

Board Resolution No. 890 Series of 2012


13/20

BR 890Urban & Land

Use

refers to those areas declared as such under Proclamation No. 1967 (244 sites), Proclamation

No. :2284 (1 site), Proclamation No. 1810 (19 sites), and those proclaimed (20 sites) by the

National Housing Authority (NHA) and by other existing statutes and pertinent executiv'~

issuances.

Areas for Priority Development (APD)

BR 890Urban & Land

Use

Metro Manila 244 (Proclamation 1967)

Additional for Metro Manila 20 (Proclaimed by NHA)

Total for Metro Manila 264

Cebu City 1 (Proclamation 2284)

SIR / ZIP 19 (Proclamation 1810)

Total Philippines 284

BR 890Urban & Land

Use

refers to the certificates that may be issued by a special purpose entity in accordance with

Republic Act No. 9267, or the "Securitization Act of 2004", as originated or sold by the Social

Housing Finance Corporation, to be repaid from the pr oceeds of the outstanding mort gage

loans of CMP beneficiaries.

Asset-Backed Securities

BR 890Urban & Land

Use

refers to a finaricing window or scheme that is funded by the Government through the Social

Housing Finance Corporation (SHFC)and that provideslong-term loans to a legally-

organized association consi sting of the residents of a bli ghted and depressed

comrnunity, enabling the association and its qualified members to acquire ownership or

tenurial security on the property and the land they occupy.

Community Mortgage Program

BR 890Urban & Land

Use

refers to the socialized housing project, multi-level, medium rise housing project, or

condominium project sold at the prevailing price ceiling for socialized housing, or other

developments util ized to comply with the balanced housing developmentrequired under

Section 18 of Republic Act 1\lo. 7279 (R.A. No. 7279).

Compliance Project

BR 890Urban & Land

Use

refers to the person, natural or juridical, whp develops or improves the

subdivision project for and in behalf of the owner thereof'. The land owner who

develops a subdivision project directly shall be considered as a ~developer.

Developer

BR 890Urban & Land

Use

refers to the commitment or agreernent between a developer of a main subdivision project and

its subsidiary, another HLU,RB-accredited developer, a local government unit, or a housing

agency, for which purpose they combine their funds, land resource, facilities and services, to

comply with the balanced housing development required under Section 18 of RA 7279.

Joint Venture

BR 890Urban & Land

Use

refers to land clearing and grubbing, road construction, installation of power and water

distributi on system, constructi on of dr ainage and sewerage system,and other

developments contained in the approved plans and/or in the brochure and advertisement.

Land Development

BR 890Urban & Land

Use

refers to the proposed subdivision project whi ch shall be the basis for computi ng the

twenty percent (20%) balarnced housing development required under Section 18 of RA

7279.

Main Subdivision Project

BR 890Urban & Land

Use

refers to socialized housing projects or similar housing developments for

underprivileged and homeless citizens, which may or may not be provided w ith access

to basic faciliti es and servicesas provided in Sections 21 and 22 of UDHA.New Settlement

BR 890Urban & Land

Use

refers to areas identified by the appropriate national agency or by a local government unit withrespect to areas within its jurisdiction which shall be used for the relocation of

underprivileged homeless citi zens

Resettlement areas

BR 890Urban & Land

Use

refers to socialized housing units or projectsowned by the government housing agencies

needing rehabilitation and restorationbefore they can be made available for sale at the

prevailing price ceiling for socialized housing.

Non-Performing Socialized Housing Assets

BR 890Urban & Land

Use

refers to the repair and restoration of existi ng socialized housing units or projects which

are already considered as non-performing assets of government housing agencies, in

accordance with the standards and the prevailing price ceiling for socialized housing.

Rehabilitation

BR 890Urban & Land

Use

refer to the programs of NHA of upgrading and i mproving bl ighted areaspursuant to

existing statutes and pertinent executive issuances.

Slum Improvement and Resettlement Program

(SIRP)" and "Zonal Improvement

Program (ZIP)

BR 890Urban & Land

Use

refers to housing programs and projectscovering houses and lots or homelots only

undertaken by the Government or by the private sector for the underprivileged and homeless

citizenswhich shall include sites and services development, long-term financing, liberalized

terms on interest payments, and such other benefits in accordance with the provisions of RA

7279.

Socialized Housing

BR 890Urban & Land

Use

refers to residential subdivision projects, and multilevel and medium rise housing projects, and

condominium projects sold at the prevailing price ceiling for socialized housing

undertaken by the Government or the private sector for the underprivileged and homeless

citizenswhich shall comply with the standards under BP 220 and the prevailing price ceiling

for socialized housing.

Socialized Housing Project

BR 890Urban & Land

Use

refers to the socialized housing project, multi-level, medium rise housing project, or

condominium project sold at the prevailing price ceiling for socialized housing, or other

developments util ized to comply with the balanced housing developmentrequired under

Section 18 of Republic Act 1\lo. 7279 (R.A. No. 7279).

Compliance Project

BR 890Urban & Land

Use

refers to the obligation of the developer of the main subdivision

to comply with the socialized housing standards and to completely develop the required

socialized housing project if, for any reason, the developer of the compliance project

shall fail to do so.

Solidary Liability

BR 890Urban & Land

Use

refers to a tract or a parcel of land registered under the Land Registration Act (Act No. 496)

which is partitioned primarily for residential purposes into individual lots with or without

improvements thereon, and offered to the public for sale, in cash or in installment terms.

Subdivision Project

BR 890Urban & Land

Use

refers to the action or measure undertaken by HLURB to cause the development and

completionof the subdivision or condominium project at the expense of the owner or

developer, jointl y and s everally, in cases where the owner or developer has refused or failed

to develop or complete the development of the project as provided in Presidential Decree No ..

957.

Takeover Development

BR 890Urban & Land

Use

refers to: (i) gross land areafor development of subdivision projects without housing

component; or (ii) gross land areafor development plus the agg

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